Has anyone tried unloaded long gun open carry in New Jersey?

[bushmaster1313]

As far as I can tell, there is no statute in New Jersey that prohibits the open carry of an unloaded shotgun or rifle provided the person has obtained a Firearms Purchaser's Identification Card.

I am not recommending this, but I would like to know if it has been tried and the result.

I suspect that most police officers in New Jersey would arrest you for at least something if you tried to open carry an unloaded long gun.

The statute is here:

2C:39-5. Unlawful Possession of Weapons.

a. Machine guns. Any person who knowingly has in his possession a machine gun or any instrument or device adaptable for use as a machine gun, without being licensed to do so as provided in N.J.S.2C:58-5, is guilty of a crime of the third degree.

b. Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the third degree.

c. Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree. (2) Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

d. Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

 

[extremedave]

I can't currently find the statute on NJ's official sites, but nra-ila has it. Pasted below, but it pretty specifically states the times and places you can carry any firearm.

It's pretty much what any smirking wise-ass anti-gun politico would say:
"Fine. You can take your gun to and from the range, the gunsmith, and hunting. Does that about cover it? I thought so."

It is unlawful to knowingly possess any handgun, including any antique handgun, without first having obtained a Permit to Carry. It is unlawful to knowingly possess any rifle or shotgun without having first obtained a Firearms Purchaser Identification Card (FID).

Exceptions. No Permit to Carry or FID is required:

To keep or carry any firearm about a person's place of business, residence, premises, or other land owned or possessed by him; a place of business shall be deemed a fixed location.
To carry any firearm "unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and the course of travel shall include only such deviations as are reasonably necessary under the circumstances" from any place of purchase to his residence or place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair.
To transport such firearms as necessary for target practice, in the manner described in paragraph 2 above, by a member of a gun club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice in going to or from a place of target practice, provided the club has filed a copy of its charter with the Superintendent of State Police and annually submits a list of its members to the superintendent.
To transport any firearm, in the manner described in paragraph 2 above, while traveling:
a. Directly to or from any place for the purpose of hunting or fishing, provided such person has in his possession a valid hunting or fishing license; or
b. Directly to or from any target range or other authorized place for the purpose of practice, match, target, trap or skeet shooting exhibitions: or
c. Directly to or from any exhibition or display of firearms which is sponsored by any law enforcement agency, any gun club or gun collectors' club for the purpose of displaying the firearms to the public or to members of such organization or club, provided that not less than 30 days prior to such exhibition or display notice shall be given to the Superintendent of State Police by the sponsoring organization or club and the sponsor has complied with such reasonable safety regulations as the superintendent may promulgate.
To carry a firearm in the woods or fields or upon the waters of this State for the purpose of hunting, target practice, or fishing, provided that the firearm is legal and appropriate for hunting or fishing purposes in this State and the person possesses a valid hunting license, or, with respect to fresh water fishing, a valid fishing license.
To transport firearms by a licensed dealer in firearms and his registered employees during the course of normal business, provided the firearms are transported in the manner described in paragraph 2 above.
For members of the armed forces or National Guard while on duty or traveling between places of duty and carrying authorized weapons.
For federal law enforcement officers and any other federal officers and employees required to carry firearms in the performance of their official duties.
For law enforcement officers, vehicle inspectors, prosecutors, and assistant prosecutors.
For guards and persons with limited police or arrest powers while in the performance of their duties.
For out-of-state law enforcement officers while actually engaged in official duties, provided that the Superintendent of State Police, or the police chief, or county prosecutor of the county where the out-of-state officer is engaged in official duties has been notified.

 

[bushmaster1313]

I think you are incorrect.
Never Rely On Paraphrased Statutes

The actual statute has a prohibition at 2C:39-5, see above, and exceptions at 2C:39-6.

The exceptions of 2C:39-6 do not kick in unless you otherwise violate the prohibition of 2C:39-5.

The prohibition of 2C:39-5 does not on its face prohibit open carry of an unloaded long gun if you have the Firearm Purchasers Identification Card.

The exception language is here:

e. Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

 

[extremedave]

Ok, I see what you're thinking. I keep feeling like I'm missing something but yeah, it seems clear as day.
It is unlawful to knowingly possess any handgun, including any antique handgun, without first having obtained a Permit to Carry. It is unlawful to knowingly possess any rifle or shotgun without having first obtained a Firearms Purchaser Identification Card (FID).
Huh. Still would take a brass pair to test it though. I do stand corrected!

Do you have a link to the actual statute? The link on the NJSP site doesn't have the possession stuff, and I'm not confidant enough of the NRA site. Thx.

 

[bushmaster1313]

Try this:

http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/39-5.html

http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/39-6.html

https://www.judiciary.state.nj.us/legis/2009c13_Law.pdf



P.S.

No way am I going to be the first to test this out.
And I would not recommend that anyone try it.
My interpretation could be wrong, and,
My guess is they would nab you for something like disorderly conduct.
After being nabbed they would likely confiscate your Firearms Purchasers Identification Card.
They will also likely deny any future application to purchase a handgun.

Remember, this is New Jersey we are talking about.

 

[extremedave]

I wonder if they could try to hang you on d. Otherwise, unloaded and with a FID card, you look legal.

As far as trying it, here's a story for ya. Over the summer we saw an asian guy walking past our shop (state hwy) wearing fatigues and carrying two large flags, one US, one obviously not. Anyway, the local PD stopped him, three or four patrol cars showed up, the whole works. Guy was stuck for an hour or so and they finally let him go.
Turns out (and I can't remember exactly) it was something like the guy was walking cross country with a team celebrating the anniversary of US liberation of the Phillipines. (something like that...no protest, not anti-anything).
Took the guy a while to explain why he was packing...FLAGS, and wearing fatigues. Imagine carrying a firearm!


c. Rifles and shotguns. (1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.

(2) Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

d. Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

 

[delta53]

you would loose everywere

If you tried to exersize you rights in new jersey all you would be doing is throwing away you rights that other states allow already, If by chance you became smart and just moved to a free state. Forget about NJ it won't happen to many crappy parts and the police could not handle it either

 

[bushmaster1313]

Perhaps apply for a parade permit and see what happens?

Would make interesting test case but kiss your right to ever buy another gun in new jersey good bye!